Years of 1755, 62, 63, 65, and 66.

P0)+ 204

Proceedings held officially by royal justice and on pe-

tition of the parties against Andrds Chirinos by the govern-

ors of this province of Texas, Don Jazinto de Barrios y Jdu-

regui and Don Angel de Martos y Navarrete, and Don Juan Prie-

to, deputy for the governor in this presidio of los Adaes, on

thirty valid folios and two blank folios, not including this.

,Endorsed in English,: Adais, 1755 to 66.

Judicial acts vs. .AndrGs Chirino--Plaintiffs--the Governors

of this province, Barrios y Jdurigue, Martos y Navarete &

Don Juan Prieto.

1755--62--63--65-- & 66.

CCross,

In the royal presidio of Nuestra SePlora del Pilar de los

Adaes, on the..s:ixth day of the month of May of the year one

thousand seven hundred fifty-five,..I,, Don Jacinto de Barrios

y Jduregui, lieutenant colonel.in the cavalry of the royal ar-

mies, governor and captain general of this province of the

Texas, New Philippines,.commaridant of its presidios, conver-

sions, and frontiers, military commandant of the provinces of

Cuabila cCoahuila, and'Pansacola and assistant to the govern-

or of, the New Kingdom of Leon, etc., cstate that, on the

third day of this present month Lieutenant Don Juan Antonio

Amorain appeared before me to complain by word of mouth that

a cow of his had been sold by Andr6s Chirinos, a vecino of

this roy.al presidio, to the very reverend father president of

these missions without the consent of the said Morain. He

said, that his allegation could be verified by Corporal Juan

de Torres, to whose care he had entrusted the said^cow. Hav-lv

//ing summoned.the said Torres,.I administered to him the

oath, and he replied that the cow sold by Chirinos, was the

above-said cow of Morafrn. Then I summoned before me Andrds

Chirinos to inform him of.the charges that had been,imputed

against him in the two foregoing proceedings. He replied by

saying that the cow was his and that-he would prove this by

Antonio Villarreal and Pedro Granados, both soldiers of this

royal presidio. In view of his Chirinots, reply 1,,Iiguel del

Rio was ordered to call the said Pefta sic,, who was present.

And not withstanding my having summoned him to confirm the

statement made by the said Chirinos' he Chirinos, had the ef-

frontery to burst out saying that it was.useless to call the

said Villarreal for he knew well in advance that I would not2

do him justice. For //this disrespect I had him Chirinos,

put in the stocks. In view of all the foregoing we shall pro-

ceedto take the depositions of the said Andrds Chirinos.and*

of the others, and this case shall be tried.judicially until

these proceedings shall have been completed. Thus did I de-

cree, order, and sign this.with my attendant witnesses as

'auez receptor in. the absence of a' notary because there is

none within the limits deterrnined by law. I certify.

Signed: Attendant witness,:

M. Jacinto de Barrios y Jduregui Bernardo Zerbantes

Rubric, ^Rubric.,

Attendant witness,:

Phelipe d,e, Si,e,rra

Rubric,

,A.D.S. in E., I,,Iay 6, 1755, pp. 1-2.

Immediately thereafter I, the said governor, went to the

guardhouse of the said royal presidio where the said Andrds

Chirinos was a.prisoner. When:he had appeared I administered

to him the oath, which he took in the name of our Lord God and2v

a sign of his holy cross, according to'//law, under penalty of

which he promised to tell the truth in so far as he knew and

might be questioned. When asked whether he knew why he was

under arrest, he replied that he was arrested, by my order

because of the complaint made by SePSor Morain about a cow.

When called in question for bursting out saying that I would

not do him justice a.lthough no decision had yet been reached,

he replied that the anger.he feltfor having to appear before

me had caused him to'say that I would not do him justice.

,When asked, to depose when had I not done justice to him or

to anyone else, he replied, that on one occasion when he

had asked for a bear for which he had paid the Indians the

sergeant had taken it from them and I had ordered that it be

delivered to him. And che said, that he had not heard any-.

.one complain of any injustice whatever. When asked whether

he had any more witnesses he said that he had, the two

named cabove, and that //he thought that Corporal:Cordobds

could depose whether or not the said cow was his. When asked

by me, the said governor, whether he felt the same anger when-

ever he was summoned by judges--for on the twenty-first of

November of last year after I had ordered his arrestl he re-

plied "Caballeros, who comes to arrest me?" but I paid no at-

tention to it at the time--he said that it was true that he

said this and that he did so in order to learn who was going

to arrest him because he had never been arrested except on

one occasion when Don Francisco Garsia Larios arrested him

because the deponent had gone to ask him to sell him a clock

inorder to break it to pieces because he did not have time

for anything. When asked whether he had.anything else to

say, he replied that'the reason he said what.he had said was3v

that on two occasions he,had asked me for a license //to gonot

to the missions and to trade with, the Indians and that I had/

granted it to him; that on one occasion, Lieutenant Don Mar-

cos Ruis was present. He deposed, that he had nothing more

to say,and that this was the truth under the oath he had

taken, which he affirmed and ratified. He did not sign be-

cause he did not know how. I signed with my attendant.,wit-

nesses with whom I am acting, as stated above. I certify.

Signed: Attendant witness,:

Barrios Phel,i,pe de Si,e,rra

,Rubric, C.Rubric,

Attendant witness,:

Bernardo Zerbantes

Rubric,

A.D.S..in E ., May 6, 1755, pp. 2-3v,

0

c

Immediately thereafter in view of the foregoing deposi-

tion of Andrds Chirinos and his allusion to my refusing chim

license, to go to the missionsi Il the said governorl in or-

der to prove this.summoned before me Don Marcos Ruis. I ad-

ministered to him the oath, which he took in the name of our

//Lord God and a sign of his holy cross, according to law3

under penalty of which.he promised to tell the truth in so

far as he knew.and might be q,uestioned. When asked if he

.knew whether I had refusedlicense to Andr6s Chirinos to go

to the missions and to ^trade with, the Indians, and to tell

on what occasions and why, he replied that in the month of

November last while he the deponent, was with the sePior gov-

ernor, the said Andr6s came to ask His Lordship for license

to go to Nacodoches but his petition was denied because Juana

Maria Berbdn, with whom the said Chirinos had ilicit relations,

entering her mother-in-law's house surreptitiously and causing

other.scandals, was at°.los Aixs. .For this reason; on the.rec-

ommendation°of the reverend fathers.and with the consent ofl+v

her.//husband and parents-in-law,.the said husband and wife

were cliving; in los Aixs to prevent offending God and to ob-

tain peace by this means. He said, that when the said.Juana

Maria left for the said mission, her said departure was made

difficult because her parents-in-law and Acosta had changed

their minds.. The deponent said, that it.was he who had gorie

by order of His Lordship to give Chirinos the corder, not.to

go on that occasion but that he the deponent, did not know

whether he His Lordship, had denied him Chirinos license to

go, on other.occasions; and that he had just returned from

the said missions. He also said that it would be very wis_e

always to deny licenses to wild fellows because of their

loose ways. The deponent stated, that the Very Reverend_

Father Friar Joseph Calaorra had //had a.quarrel with the

said,Chirinos in thepresence of the deponent, and that Jo-

seph de Acosta, Juana Maria's uncle, had.tried.to kill the

said Chirinos at los Aixs Mission upon learning that he Chi-

rinos, washiding in the monte or vicinity of the said.mis-

sion waiting for night to satisfy his desires. The deponent

Csaid, that he knew this by public report, that this was all

he had to say on the subject, and that it was the truth under

the oath he had taken, which he again affirmed and ratified.

And he signed this with me, the said governor, as stated

above. I certify.

Signed: Marcos Ruiz

Barrios Rubric,

,Ru.bric,Attendant witness,:

Attendant witness,: Bernardo Zerbantes

Phelipe de Sierra Rubric,

Rubric,..

cA.D..S. in E., May 6., 1755, pp.

In the said royal presidio on the said day, month, and

year, I, the said governor, in order to continue this pro-5v

ceeding and because //the party, Andrds Chirinos, has referred

to Corporal .Antonio Gregorio Cordob6s, I summoned him Cordo-

b6s, before me. 11h.en he had appeared I administered to him

the oath, which he took in the name of our Lord God and a

sign of his holy cross, according to law, under penalty of

which he promised to tell the truth in so far as he knew andabout

might be questioned. When asked whether he knew/the skewbald

cow in controversy tand, whether it belonged to Andres Chiri-about

nos^,:he,replied that he did not know/such a cow neither.did;

he know;whether that cow or any other belonged to Andres Chi-

rinos, nor whether it belonged to Don Juan Antonio de Amors.in,

Ana,rhe said, that this was the trizth under the oath he:had;;

made.7..which he affirmed and ratified, and that las yenerales

de.la.ley did not apply to him with regard to either of the

par6ties, and.that he was fifty-two years old, more or less.

//And he did not sign because he said he could not on account

of his badsight. I signed this with my attendant witnesses

with whom I am actin.g., as stated above. I certify.

Signed:

Barrios

cRubric,

Attendant cwitness,: Attendant cwitness,:

Phelipe die, Sierra Bernardo Zerbantes

CRubr.ic, Rubric,

rA.D.S. in E., May 6, 1755, pp. 5-6,

10

In the said royal presidio on the eighth, I mean, the

seventh:of the.said month and year, because it was in the in-6v

terest.of the good administration of justice //to:continue.

judicially these proceedings, I, the said governor, summoned

before me Don Juan Antonio de Amorain, a vecino and resident

of , the same. When he had appeared, I administered to him, ,the

oath, which he took in the name of our Lord God and a sign of

his:holy cross, according to.law, under penalty of which he:

promised to tell the truth in so far as.he knew and might be

questioned. Whenasked what charge or verbal complaint and

against whom he had made before me on the third day of this

present month, he replied that in the month of September last

he had traded cows with Juan Tomds de Ojeda, who had given..

him a domesticated skewbald cow with the anchor brand used,

by the notary of San Antonio. Since the deponent knew nothing

about the said cow he asked Corporal Juan de Torres whether

he should make the said trade. The said Jorres, replied,

"Let Ojeda have the cow he wants for although your cow, has

a calf, it is wild and the one you are getting is gentle, de

eal." < In view of this the supplicant made the trade andwith

asked the said Torres to keep the said skewbald cow/the cat-

tie cused, for the subsistence of this presidio, which were

in his care. He Jorres, did so and after taking it to the

ranch where he was working he came to this presidio where he7

//lives. Having missed-it.tlater, the said Torres learned

that it was with the cows, of Joseph Antonio Pefla and asked

him,to take care of it, as both.the aforesaid Torres and Po-

fiawill.testify. And about two weeks ago, more,or less, the

said Juan de Torres went to see the deponent at his residence

and told him,."Your skewbald cow is at the fathers' ranch.r'

.xearing this news, the deponent went to see the very reverend

father.pres3.dent of these missions to inform him of this fact.

Whereupon the said.reverend father told him that if the..cow

belonged to the deponent, and JuandeTorres said that it did,

he should brand.it with his brand because he the father, did

not want any disturbances over a cow. Thus matters stood un-7v

til the arrival of the //said Chirinos from the missions,

where he had gone from.Nacogdoches and los Aixs. And since

he ^Chirinos, arrived on the second of this said month, on

the.third the deponent made the aforesaid complaint before

Your Lordship. And imm.ediately thereafter, in order to de-

termine what was right, you summoned Juan de Torres, who was

mentioned at that time as well as now by me the deponent,.

Your Lordship.also summoned the said Andr6s Chirinos to make.

his reply to the charge imputed against him from the.finding

of the deposition of Juan de Torres, who mentioned the said

Pefla as the deponent had done, in order that he should de-

pose whether or not the cow in controversy, was the same,

that was with his jefia's cows^. It so happened that at that

time the said Chirinos became insolent toward Your Zordship,

0

12

for which reason you imprisoned him in the stocks of this

royal pres8dio. And he said, that this was all that he knew

and had //to say about what happened on the said third day of

this month, that he had no more to say, and that everything

was true under penalty of the oath he had taken, which he

again affirmed and ratified. And he said, that,las enera-

lesde la ley did not apply to him and that he was seventy

years old, more or less. He signed this with me, the said

governor, and my attendant witnesses with whom I am acting,

as stated above. I certify.

Signed:

Barrios

rRubric,

Juan Antonio de Amorin

,Rubric,

Attendant witness,:

Attendant.twitness,: Bernardo Zerbantes

Phelipe d.e, Sierra Rubric,

eRubric,

A.D.S..in E., May 6, 1755, pp. 6-8,

13

0In the said royal presidio on the said day, month, and

year, I, the said governor, summoned before me Corporal Juan

de Torres, mentioned in the foregoing deposition. I adminis-

tered,to him the oath,which he took in the name of our.Lord

God and a sign of his holy cross, according to law, under8v

perialty of which he promised to tell the truth://in so far

as.'he.knew and might be questioned. When asked to tell wheth-

er it was true that I had summoned him before me on the third

day of this month and for what purpose, he replied that he

had been summoned, because of the complaint made by Sefior Mo-

rain about a skewbald cow that the said Morain bought from

Juan Tomds de Ojeda. Since the said Morain knew nothing

about it the cow, he asked for the opinion of the deponent,

who told him to let Ogeda have the cow with a new-born calf,he

that he wanted because the one/was offering was gentle de

Peal, Upon this recommendation the exchange was made and

the deponent was ordered to turn over to Ojeda the said cow

with a new-born calf and to take charge of the skewbald ^cow,.

And in proof of this Ehe said that, at the time of his depar-

ture.Ojeda sold the said cow with a new-born calf to Miguel

del Rio and the deponent took the skewbald ^cow, to the9

//ranch in his charge from where he came rhere, a.few days

later, and he asked Joseph Antonio Pefia to keep it with his

cows and make it,sleep in his corral to keep it from'straying,

as the said Pefia would testify. And about two weeks ago when

14

the deponent went to the ranch of the reverend fathers to see

and ask whether any of the stock in his charge was there, the

fathers' vaaueros told him that'there was only the stock, be-

,longing to their.reverences, And the deponent saw the said

skewbald cow and told Miguel de C6rdoba that that cow belonged

to Senor Morain. and to notify the fathers of this. And the

said Miguel replied that his master had given.it to the father,

president.because_he owed him one. In view of this reply and9v

in order to fulfill his obliga//tion to SePior Morain for hav-

.ing entrusted to his care the said skewbald cow and other

,cows, of his, he the deponent, went to tell him what had

. Yiappened. In view of this he CAmorin, made the afdresaid corm-

plaint and on the said third day the deponent was summoned

with Andr6s Chirinos. And after insulting the deponent,in

the presence of His Lordship, the said Chirinos also told the

senor governor that he knew well in advance that he would not

do justice to him, For this reason His Lordship ordered him

to be put in the stocks. And he said, that this was the

truth.urider the oath he had taken and he affirmed and rati-

fied that the said skewbald cow in controversy.belonged to

Sefior Morain and that it did not belong and never, had be-

longed to..Andr6s Chirinos. And he added that, what he has10

said was as true //as the fact, that from here he was going

to confession. He again ratified everything he had said,

He said, that las generales dela ley did not apply to him,

15

0and that he was fifty years old, more or. less. He did not

sign because he said he did not know how. I. the said gov-

ernor, signed with my attendant witnesses with whom I am

. acting_, as stated above. I certify.

Signed: Attendarit witness,:

Barrios Phelipe d.e, Sierra

ERubric, Rubric,

Attendant`.,witness,:

Bernardo Zerbantes

CRubrl.c,

A.D.S. in E. , May 6, 1755, Pp• 8-10,

16

On the ninth of the said month and year I, the said gov-

ernor, summoned before me Joseph Antonio Pefia, a soldier of

the garrison of this royal.presidio mentioned by Don Juan Ari-

tonio de Amorain and Juan de Tores sic,, who have deposed in

these proceedings. When he had appeared, I administered to

him the.oath, which he took in the name of our Lord God andlOv

a sign of his holy cross, according.to //law, under penalty

of which he promised to tell the truth in so far as he knew

and might be.questioned. When asked whether he.knew about..a

skewbald cow that Juan de Torres had entrusted to his care to

be kept with hisstock, he replied that prior to the month of

.October last, Juan de Torres asked him to keep.with his stock

a skewbald cow with an anchor brand because this cow had come

from the ranch that was in the care of the said Torres, and

the deponent kept it with.his cows until the month of March

of`this year' when it was cut and put with the cows, of Se-

flor Mora. On the day of the most holy cross, C the deporient,:

made a.verbal deposition to this effect to His Lordship. On

the afternoon of the same day he went to the ranch of the

reverend fathers and in the presence of the father president.11

His Lordship //ordered the deponent to go in the corral to

ascertain whether the skewbald cow that was there was the

same that Corporal Torres had entrusted to him. Upon exanin-

ing it he saw that it was the same.,cow, that he had been

keeping;with his stock for more than five months, and he

17

said, that this was the answer he gave at that time in the

presence of the said father presidentg and that he now made

the same reply, under penalty of.the oath he had taken,

which he affirmed and ratified. He said, that las genera-

1.es de la ley did not apply to him. This he gave for his

definitive answer. He did'not sign because he did not know

how. I, the said governor, signed as stated above. I certi-

fy.

Signed: Attendant witness,.

Barrios Phelipe d.e, Sierra

CRubric, rRubric,

Attendant Cwitness,:

Bernardo Zerbantes

cRu.bric,

cA.D,S. in E ., May 6, 17559 pA. 10-11,

is

On the said day, month, and year, I, the said governor,llv

summon//ed before me Antoriio Villarreal, a soldier of this

royal presidio, mentioned by Andrds Chirinos in his deposi-

tion. I administered to him the oath, which he took iD the

name of our Lord God and a sign of the holy cross, according

to.law,under penalty of which he promised to tell the truth

in°:so.far as he knew and might be questioned. When asked

whetherhe knew ab©ut a skewbald cow that was with the cows,

of the reverend fathers, what brand was on it, and to whom it

belonged, he replied that the skewbald cow belonged_ to Andrds

Chirinos, that it had the brand of Sefior Arocha, which.was in

the form of an anchor, that in the presence of the deponent,

A.ndrds Chirinos gave a part beaver hat from Nachitos to Juan

Tomds de Ojeda for it in the corral of Cordob6s, and that he

knewabout the other cow which also had the same, brand.,. and,12

//was skewbald but that it was lighter colored. And he said,

that he had made this same deposition on the third of this

present month, verbally, before His Lordship the selor govern-

or, and that everything he had.said was the truth under the

oath:he.had taken, which he again affirmed and ratified. And

,he said, that las ,generales de la leydid nP,t apply to him.

And he did not sign because he did not know how. I, the said

governor, signed with my attendant.witnesses, as stated above.

I certify.

Signed:

19

Barrios

,Rubric,

Attendant witness,:

Bernardo Zerbantes

,Rubric,

Attendant witness,:

Phelipe d.e, Sierra

CRubric,

,A.D.S. in E., May 6, 1755, PP• 11-12,.-.

20

On the tenth day of the said month and year in the saidAntonio

royal presidio, having been asked by Don Juan/de Amorin to

ascertain who had taken the skewbald cow in controversy and

had put it with the ^cows, of the reverend fathers, I, the12v

said governor, summoned before //me Miguel de C6rdoba, a ve-

cino of this royal presidio and a v,ijaugr of the reverend fa.-

ther missionaries. I administered to him the oath, which he

took in the name of our Lord God and a sign of his holy cross,

according to law, under penalty of which he promised to tell

the truth in so far as he knew and niight be questioned. When

asked which of his fellow vaaueros of the reverend fathers

had taken.the skewbald cow that was now at the said ranch^

where'it was found^ and what_brand it had, the deponent re-

plied that it_ was at Llano del Bafio with the cows. of Sefior

PhehiDe.: de Mor.a,,. that the deponent found it _ there , cut : it :.

and put it with the stock that had been brought from Belmudes

a f.ew,;:days previously, and.that the reverend father president13

had_:ordered him to cut it if //he found it, and had given

this same order. to another vaauero of the same ranchl Gasparl

from whom it had escaped on the previous day. He said, that

the said cow was branded with the brand of Sefior Arocha and

with a heart that was still fresh and was the brand used by

this mission, and that he caught the said cow about a month

ago,shortly after the ranch had been set up,the week before

the stock was brought from Belmudes.. The deponent said that,

21

0it had fallen in with the cows, of Sef9or Mora and the milch

,rcows, of the mission, that he did not know to whom it belonged

but that he believed it belonged to the reverend fathers, and

that the deponent had branded it in the corral of this mission.

And he said, that he had nothing else to say on the subject.

When asked by me, the said governor, by whose order he had13v

branded the said cow, he re//plied that he had branded it,

by order of hisstep-father, A.ndrds Chirinos, who told.him,

"Brand that cow for it belongs to the mission." And he said,

that this was the truth under the oath he had taken, which he

again affirmed and ratified and that notwithstanding his afore-

said relationship, he had not.failed to tell, the truth under

the oath he had taken. And he said, that he was eighteen

years old, more or less. And he did not sign because.he did

not know how. I, the said governor,. signed with my attendant

,witnesses, as stated above. I certify.

Signed: Attendant witness,:

Barrios Phelipe dce, Sierra

,Rubric, Rubric,

Attendant witness,s

Bernardo Zerbantes

,Rubric,

,A,:'D.S. in E., May 6, 1755, pp. 12-13v,

22

In the said royal presidio on the twenty-first of the.

said month of May, of the year one thousand seven hundred

fifty-five, I, the said governor, having been informed extra-1^-

judicially that Andrds Chirinos had attempted //to escape

from jail and.that to that end he spoke with some of the

other prisoners who were there., have-come here, to remedy

this situation and to make of record the intrinsic malice

of this depraved intention. Since he Chirinos, has not com-

mitted a crime deserving capital punishment, my only purpose

,is, to mortify him in order to restrain his audacity and to

make of him an example to the rest. And since we do not know

what motives he may have had for acting as he did, I summoned

before me Bisente Trexo, one of the prisoners, who probably

knows whether it was true or not that Chirinos tried to es-

cape,. When he had appeared, I administered to him the oath,

which he took in the name of our Lord God and a sign of his

holy cross, according to law, under penalty of which he prom-

ised to.tell the truth in so far as he knew'and might be14v

questioned. //When asked whether he knew Andres Chirinos,

whether he knew where he was and why, whether he Chiri-

nos, had tried to break prison, and, if he had spoken about

this tohim or to others, to tell on what day and to whom,

and what happened in connection with this affair, he re-

plied that he knew Andr6s Chirinos, who was imprisoned in

the guardhouse and in the stocks because of a cow which he

was said to have taken ;from Sefior Morain, that on the first

23

day of his imprisonment he Chirinos, talked with the depo-

nent about getting him out of-the stocks so he could get out

through a breach near the said stocks but that the deponent

refused to cooperate in order not to incur greater punishment.

And he said, that without any intention of takzng legal ac-

tion, he asked Corporal Francisco de la Serda to take him out15

so that he could, //tell the said corporal what the said An-

dres Chirinos had in mind. He told him this and ^also, that

Chirinos had made the same ,request, that.che made, of the de-

ponent of Don Manuel Antonio Losoia, a prisoner in the said

guardhouse' and that the said hosoia had also.refused to co-

operate.. By reason of this information, Corporal Serda placed

a guard over the said Chirinos and another hole was bored in

the stocks to make it more secure. And he said, that this

was the truth concerning all he knew on the subject under the

oath,he had taken, which he again ratified one, two, and three

times and as many times, as was necessary according to'law.

,He said, that las generales de la ;ey did not apply to him

and that he was twenty yel^v old,. more or less. And he signed

this with me, the said //governor and my attendant witnesses,

as stated above. I certify.

Signed:

Barrios

r.Rubric-,

Visente Trejo

,Rubric,

Attendant witness,:

24

Ph.e,lipe d,e, Sierra

,Rubric,

Attendant witness,:

Bernardo Zerbantes

,Rubric,

cA.D,S* in E. , MaY 6, 1755s pp• 13v-15v,

0In the said royal presidio on the said day, month, and

year, I, the said governor, summoned before me Corporal Fran-

cisco de la Serda, mentioned by Visente Trexo, the witness

who made the foregoing deposition. I administered to him the

oath, which he took in the name of our Lord God and a sign of

his holy cross, according to law' under penalty of which he.

promised to tell the truth in so far as he knew and might be

questioned. When asked whether he knew Andrds Chirinos,

whether he knew where he was and whyl and if he knew whether

he had tried to break jail, from whom he learned this and16

what happened, he replied that //he knew Andrds Chirinos, who

was imprisoned in the principal stocks of this plaza because

of the impudence with which he spoke to His Zordship, the se-

Plor governor, because he had been summoned for the purpose of

deciding whether a cow belonged to him Chirinos, or to Seftor

Morain, that on the first day of his i:nprisonment about six

in the evening Vicente Trexo called the deponent, who was

serving as corporal for the said guard, and asked him to.

take:him out for a necessary proceeding. When he.had taken

him.out of the stocks for this purpose, the aforesaid Vicente

said, on_ the way, "Be careful.,. Chirinos ,wants . to escape..'..' .,, :.

Whereupon the deponent went in to inspect the said stocks

and.found a stone between two of the boards to prevent their16v

being secured and to enable one to es//cape more easily there-

from. Having made this inspection, he placed a guard over

26

•the said Chirinos and made another hole in the stocks, and

that night, for greater security, he tied him Chirinos,

with a reata. And he said, that prior to this Don Manuel

Antonio Losoia, who was imprisoned in the said guardhouse,,

had told the guard to be careful, without giving any reason^

but as soon as the aforesaid Visente went out he Losoya,.

told the deponent the Creason,, and that this was.-the only

rumor he had heard since.he had been.there on guard. And

he said, that this was the truth under the oath he had

taken, which he affirmed and rat'ified.one, two, and three

times, and as many,tirnes, as was necessary according to law;

and that although he was related to the said Chirinos, he17

preferred to adhere, to the //truth and khis, oath, and

that he was forty-eight years old, more or less. And he did

not sign because he did not know how, I, the said governor,

signed with my attendant witnesses, as stated above. I cer-

tify.

Signed: Attendant witness,:

Barrios Phelipe d,e, Sierra

,Rubric, Rubric,

Attendant witness, :

Bernardo Zerbantes

,Rubric,

.A.D.S. in. E. ? May 6, 1755, pp. 15v-17.

0Immediately thereafter, I, the said governor, summoned

before me Don Manuel Antonio Losoia, a witness, I mean, men-

tioned in the two foregoing proceedings. I administered to

him the oath, which he took in the name of our Lord God and

a sign of his holy cross, according to law, under penalty of

which he.promised to tell the truth in so far as he knew and

might be questioned. When asked whether he knew Andrds Chiri-lw

nos, whether he knew //where he was and why,-and whether he

had heard that he had tried to escape from prison, and from

whom he had heard it or learned of it, he replied that he knew

the said Chirinos, and that he was imprisoned in the stocks

because when he was summoned for the purpose of deciding the

question of a cow that Lieutenant Morain claimed was his, he

,,Chirinos, had told the sefSor.governor that he knew well in

advance that he would not do him justice. He said, that

about six in the evening or hour for the rosary on the first

day of his imprisonment the said Chirinos asked the deponent

whether he wou.ld shield him so he could escape that night.

The deponent did not agree to this but, on the contrary, he18

told the guard to,//be careful and he informed Corporal Fran-

cisco de la Serda, who.was on guard at that time, of all that

was going.on. Because of this news the said corporal put the

said Chirinos under guard and bored'another hole in the stocks,

and tied him c.Chirinos, with a"reata. And he said, that this

was the truth concerning all he knew on the subject under the

28

oath he had taken, which he again affirmed and ratified one,

two, and three times and as many times, as was necessary ac-

cording to law, that las generales de la ley did not apply to

.him' and that he was fifty-five years old. And he signed this

with me, the said governor, and with my attendant witnesses18V

with whom I am acting //as stated above. I certify.

Signed:

Barrios

rRubric,

0Manuel Ant. Losoya

.Rubric,

Attendant witness,:.'

Phelipe de Sierra

Rubric,

Attendant cwitness,:.

Bernardo Zerbantes

,Rubric,

.A.D.S. in E., May 6, 17557 pp. 17-18v,

29

i. Immediately thereafter I, the said.governor, went to the

guardhouse of this royal presidio where Andrds Chirinos is a

prisoner. I summoned him before me and when he had appeared

I administered to him the oath, which he took in the name of

our hord God and a sign of his holy cross, according to law,

under penalty of which he.promised to tell the truth in so

far as he knew and might be questioned. When asked whether

he knew the serious penalties incurred by one who escapes or19

breaks prison, and what motive //or reason made him think of

such a thing; if he knew whether his crime was one, of the

most serious crimes, and whether by reason of the =crime,

for which he was under arrest capital punishment or exile and

confiscation of property could be imposed upon him, he replied

he replied sic, that he had not attempted to escape from pris-

on. When challenged in the presence of Losoia and Bisente Tre-

xo, and also Corporal Francisco de la Serda, who swore in his

,Chirino's, presence that what they had deposed was true, he

said that ,he wanted, to learn whom he could,. trust and to

fiscation of.property for.the crime for which he was impris-

become acquainted with the individuals, and that if he had'

wanted to desert he could have done so notwithstanding his

guard and the security of the stocks. When asked what means

would he have used for his escapel he replied that he could

have contrived the means. And he said, that he did not know19v

whether he could in//cur capital punishment, exile, or con-

30

oned, and that after he learned that the sefior governor knew

about his attempt to escape, he told the above-named ^men,

that he had done this as a joke. This he gave for his answer

under penalty of the oath he had taken, which he again con-

firmed and ratified one, two, and three times, and as many

Ctimes, as was necessary according to law. ,He said, that

he was thirty-two years.old, more or less. And he did not

sign because he did not know how, and at his request and for

the greater.verification of this act' Visente Trexo signed

this in his presence with me, the said governor, and my at-

tendant rwitnesses' with whom I am acting, as 'uez reeentor

in the absence of a notary for there is none within the lim-20

its prescribed by law. //I certify.

And the deponent said, that two days after he rChirinos,

confided in Bisente Trexo, he cChirinos, told him the depo-

nent, that what he had said chad been said, as a joke. And

he the deponent, asked that this statement be written down

.as an official act, and I am so doing with regard to this,

as well as the rest of his statement,. I certify.

Signed: °

Barrios

cRubric,

At the request of Andr6s Chirinos:

Visente Trejo

Rubric,

31

0Attendant witnessAttendant witness,:

Phelipe d,e, Sierra Bernardo Zerbantes

Rubric, Rubric,

.A,`D,S. in B., May 6, 1755, pp. 18v-20,

32

In the royal presidio of Nuestra SePlora del Pilar de los

Adaes on the twenty-eighth day of the month of May of the said

year, in view of the foregoing proceedings, and of the fact

that the findings of the same prove, although not fully, that

the cow belongs to Don Juan Antonio Morain, and rin view of

the fact, that the wife of the said Chirinos has offered, on:

his behalf, to turn it the cow, over to the said Morain and,20v

has done //this voluntarily and without compulsion, I, the

said governor, should therefore order and did order that the

said skewbald cow be turned over to Don Juan Antonio Amorain

or to whomever he may designate; that the said Andr6s be

warned to speak with more respect to the judges of His Majesty

and that if he s-hould again incur. in the same offense he shall

be tried for this cause as well as for whatever he may do

hereinafter with regard to this matter. He shall incur the

penalty for both offenses because in the present instance

the penalty, has been deferred by virtue of the indemnity

he has promised and because I have deferred the costs due me

for the proceedings held and for the paper in view of his hav-

ing been punished by imprisonment, and.in honor of the cele-21

bration of Corpus Christi. //However, if he should commit

another offense, the said court costs shall be exhibited from

the property that the said Andrds Chirinos may own. In order

that this may be duly executed, the parties shall be notified

thereof. Thus did I decree, order' and sign this with my at-.

33

tendant witnesses, as stated above. I certify.

Signed: Attendant witness,:

M. Jacinto de Barrios Ph,e,lipe d.e, Si,e,rra

y Jduregui rRubric,

rRubric,Attendant.,witness,:

Bernardo Zerbantes

Rubric,

A,D.S.. in E., May 6' 17557 pp. 20-21.

34

Immediately thereafter, I, the said governor, notified

Don Juan Antonio Morain and Andrds Chirinos of the decision

reached in my foregoing decree, to which they both agreed

saying that each would obey the part that affected him. And

Andrds Chirinos said, that he agreed to obey, the decision

reached in the said foregoing decree and to the provision,

that if he should again incur the same.crine he should be.21v

prosecuted to the full force of the law, and that//he was aware

of the favor conferred upon him at this time. This they gave

for their answers and they signed it, Visente y Trexo ^sign-

ing, for Andrds Chirinos and Morain for himself, with me' the

said governor, and my attendant Cwitnesses,. I certify.

Signed: Juan Antonio de Amorin

M. Jacinto de Barrio y Jauregui .. cRubric,

r.Rubric,

For Andrds Chirinos:

Visente Trejo

Rubric,

Attendant witness,: Attendant witness,:

Marcos Ruiz Phelipe d.e, Sierra

,Rubric, rRubric,

cA.L?,S. in E., May 6, 1?557 pP. 21-21v,

35

23//rCross,

0

Don Juan Prieto, deputy governor of this royal presidio

of los Adaes' jurisdiction of the province of Tejas, &.

Whereas yesterday about eight in the morning, Andrds Chi-

rinos, a reformado soldier of this aforesaid presidio, was

taken by.my orders to.the guardhouse and was confined with a

pair of gri'!los and his head in the stocks for having spoken

to me, answered back, and threatened me publicly.in so haughty

and proud a tone that all -vrho were present were amazed at see-

ing and hearing the haughtinesslarrogance, and audacity with

which he violated the respect and esteem due to royal justice:

and since for the good administration of this rjustice, and

public vengeance it is advisable that he should not fail to

receive the punishment he deserves for such an act, in order

that he may hereafter serve as an example to others, there-

fore, in view of the foregoing I should order and I do hereby

order that we proceed.with the requisite sumaria for the pur-

pose of determining the most fitting rpunishment,. Thus did

I decree, order, and sign this on the eleventh day of the

month of June of this presentyear of one thousand seven hun-

dred sixty-two, before myself and my attendant witnesses' with

whom I am acting for the receptoria in the absence of a notary,

on this common paper because there is no other kind, in the

province. I certify.

Juan Prieto

,Rubric,

36

0Attendant witness,: Attendant witness,:

Pedro Posos Joseph Felis Ruiz

,Rubric, Rubric,

.A.D.S. in E., May 6, 1755, p. 23.

37

•Immediately thereafter, I, the said deputy governor9 for23v

the //execution of the order given by me in the foregoing de-

cree, summoned before me Juan de Mora, a vecino of this royal

presidio. In the presence of my attendant witnesses I adminis-

tered to him the oath, which he took in the name of our Lord

God and a sign of his holy cross,, according to law, under pen-

alty'of.which he.promised to tell the truth in so far as he

knew and might be questioned.. When asked about the contents'

of the decree which is at the beginning of this suit' he said

that everything stated therein was true because from the bal-

cony of the residence of His Honor the deputy gov.ernor, he

had seen and heard the haughtiness, pride and arrogance.with

which the said Chirinos spoke to and answered back His Honor

on the said balcony. At the`same time Chirinos, made loose

remarks and threats, going so far in his excesses that the

lieutenant of this company became irritated with his falla-

cious style and improper manner of speaking and made him leave

that place. When asked about the life, habits and conduct of

the said Chirinos, he replied that the aforesaid Chirinos,

during the twenty years that he has.known him, has been haugh-

ty and proud and extremely given to all vices, and that he was

so scandalous and caustic when he drank--and this was.his most.

constant and dominant vice,--that his tongue was no respecter

of rank or sex, and he had gone so far in his audacity that on

Corpus day while the very reverend father minister was cele-

. 38

0brating the holy sacrifice of the mass, he Chirinos, publicly

insulted him, ^using, such pernicious, indecent and scandalous

words that they cannot be written down. And he said, that all

he had said and deposed was the truth under the oath he had

taken, which he affirmed and ratified. He-said he was forty-

eight years old, more or less. And he signed this with me and

my attendant witnesses as stated above. I certify.

Juan Prieto Juan de Mora

Rubric, ^Rubric,

Attendant witness,:

Pedro Posos

,Rubric,

Attendant witness,:

Joseph Felis Ruiz

CRubric,

=A.D.S. in E. ,. May 6, 1755, pp. 23-23v,

39

!

24In the said //royal presidio on the said day, month, and

year, I, the said deputy governor, summoned before me Juan de

Thores, corporal of this company. In the presence of my attend-

ant witnesses, I administered to him the oath, which he took

in the name of our Lord God and a.sign of his holy cross, ac-

. cording to law, under penalty of which he promised to. tell

the truth in so far as he knew and might be questioned. When

asked about the contents of the decree that is at the begin-

ning of this suit, he said that everything stated therein was

.true because from the entrance of the church he.had seen and

heard the`pride, haughtiness, and arrogance with which the

said Chirinos ssaoke and replied to His Honoron the balcony of

his residence. At the same time Chirinos, made loose remarks

and threats, going so far in his excesses that the lieutenant

of this eompany, irritated by his improper manner of speaking,

made him leave that place. When asked about the life, habits,

and conduct of the aforesaid Chirinos, he replied that the said

Chirinos, whom he had known for about twenty years, had always

been haughty and proud and extremely given to all vices, and

that he wasso scandalous and caustic when he drank--and this

was his most constant.,vice,--that his tongue was no respecter

of rank or sex, and that although for this reason he had been

punished by the Seflores Governors Don Jacinto de Barrios, and^

Don Angel de Martos y Navarrete, he had not reformed, and he

had gone so far in his audacity that on Corpus day while the

40

0very reverend father minister was.celebrating the holy sacri-

fice of the mass, he rChirinos, publicly insulted him from

the said entrance of the said church, ^using, such indecent,

scandalous, and pernicious words that they cannot be written

down. He said, that everything he had said and deposed was,

the truth under the oath he had taken, which he affirmed and

ratified. He deposed he was fifty years old, more or less.

He did not sign because he said he did not know how. I signed

this with my attendant witnesses as stated above. I certify.

Juan Prieto

rRubric,

Attendant witness,: Attendant witness,:

Pedro Posos Joseph Felis Ruiz

^Rubric, rRubric,

{A.D.S. in E., May 6, 1755, pp. 23v-24.

41

0

24vIn //the said royal presidio on the said day, month, and

year, I, the said deputy governor, summoned before me Joacr3n

Cadena, a soldier of this company. In the presence of my at-

tendant witnesses I administered to him the oath, which he

took in the name of our Lord God and a sign of the holy cross,

according to law, under penalty of which he promised to tell

.the truth in so far as he knew and might be questioned. When

asked about the.contents of the.decree that is at the begin-

ning of this suit, he said that everythingstated therein was

true because from the balcony of the residence of His Honor

hehad heard.and seen the arrogance, haughtiness and pride with

which the.said Chirinos spoke and replied to His Honor on.the

said balcony. At the same time Chirinos made loose remarks

and threats, going so far in his excesses that the lieutenant

of this company, irritated by his improper manner of speaking

made.hi.m leave that place. When asked about the life, habits

and.condiact of the said Chirinos, he replied that the afore-

said Chirinos, whom he had known for about three years, had

always been haughty and proud and extremely given to all vices,

and that he was so scandalous and caustic when'he drank--and

this was his most dominant vice,--that his tongue was no re-

specter of rank or sex, and that although for this reason he

had been punished by the present Senor Governor pon Angel Mar-

tos y Navarrete, he had not reformed, and on Corpus day while

the 'very reverend father minister was celebrating the holy

42

sacrifice of the mass, he Chirinos, publicly insulted him

from the entrance of the church, ^using, such pernicious, in-

decent and scandalous words that they carnnot be written down.

He said, that everything he had said and deposed was the

truth under the oath he had taken, which he affirmed and rat-

ified. He deposed he was twenty-five years old, more or less.

.He did not sign because he said he did not know how. I, the

said deputy governor., signed:with my attendant witnesses as

stated above. I certify.

Juan Prieto

r.Rubric,

Attendant witness,: Attendant witness,:

Pedro Posos Joseph Felis Ruiz

cRubr7.c R'la.bric,

^A.D.S. in E., May 6, 1755, pp. 24-21+v3,

43

25In //this royal presidio of Nuestra Sefiora del Pilar de

los Adaes on the twelfth day of the month of June of this

present year of one thousand seven hundred sixty-two, I, the

said deputy governor, in order to continue the sumaria that

is being held by the office of royal justice against Andres

Chirinos, summoned before me Ygnasio Zepeda, a reformado sol-

dier of this royal presidio and at present a vecino of the

same. In the presence of my attendant witnesses, I adminis-

tered to him the oath, which he took in.the name of our Lord

God and a sign of his holy cross, under penalty of which he

promised to tell the truth in so far as he knew.and might be.

questioned. When asked about the contents of..the decree that

is at the beginning of this suit, he said that everything

stated therein was true because from the balcony of.the resi-

dence of His Honor he had seen and heard the haughtiness,

pride, and arrogance with which the said Chirinos spoke and

replied.to His Honor on the balcony of the said residence.

At the same time Chirinos, made loose remarks and threats,

going so far in his excesses that the lieutenant of this com-

pany, irritated with his fallacious style and. im.proper manner

of speaking, made him leave that place. When asked about the

life, habits, and conduct of the said_Chirinos' he replied

that the aforesaid Chirinos, whom he had knotan for more than

twenty.years, had always been haughty and proud and extremely

given to all vices, and that he was so scandalous and caustic

44

when he drank--and this was his most dominant vice,--that his

tongue was no respecter of rank or sex, and that althotigh for

this reason he had been punished by the Sefiores Governors Don

Jacinto de Barrios and Don Angel de Martos y Navarrete, he had

not refor.med,,and he had gone so far in his audacity that on

Corpus day while the very reverend father minister was cele-

brating the holy sacrifice of'the mass, he.,Chirinos, publicly

insulted him from the entrance of the church, using, such.

.pernicious, indecent, and scandalous.words that theycannot

be written down. He.said, that everything he had said and25v

deposed was the truth vxider the /;oath he had taKeng which he

affirmed and ratified. He deposed that he was'forty-seven

years old, more or less. And he signed this with me and my

attendant witnesses, with whom I am acting for the receptoria,

according to law. I certify.

Juan Prieto Ygnasio de Zepeda

.Rubric, Rubric,

Attendant witness,:

Pedro Posos

,Rubric,

Attendant witness,:

Joseph Felis Ruiz

,Rubric,

.A.D.S. in E. ,May 6, 1755, pp. 24v-25v,

45

0In the said royal presidio on the said day, month, and

year, I, the said deputy governor, summoned before me Don Mar-

cos Ruiz, lieutenant of this company. In the presence of my

attendant witnesses, I administered to him the oath, which he

took in the name of our Lord God and a sign of his holy cross,

under penalty of which he promised to tell the truth in.so far

as he knew and might be questioned. When asked about the con-

tents of the decree that is at the beginning of this suit, he

said that everything stated therein was true because from the

balcony of the residence of His Honor, he had seen and heardand

the haughtiness and pride with which the said Chirinosspoke/

replied to His Honor on the said balcony. At the same time

,Chirinos, made loose remarks and threats, going so far in

his excesses that, irritated by his impetuous style and im-

proper manner of talking, the deponent made him leave that

place. When asked about the life, habits and conduct of the

said Chirinos, he replied that the aforesaid Chirinos, whom

he had known for.about twenty years, more or less, had always

been haughty and proud and extremely given to all vices, that

he was so.scandalous and caustic`when he drank--and this was26

his most dominant vice,--//that his tongue was no respecter

of rank or sex, and that although because of this he had been

punished by SePiores Don Jacinto de Barrios and Don Angel de

Martos y Navarrete, he had not reformed, and that he rthe de-

ponent, knew because he had heard.it, that he rChirinos, had

46

gone so far in his audacity that on Corpus day from the en-

trance of the church ^using, such pernicious, indecent and

scandalous words that they cannot be t=rritten down, he publicly

insulted the very reverend father minister. And he said,

that everything he had said and deposed was the truth under

the oath he had taken, which he affirmed and ratified. He

deposed he wassixty-two years old, more or less. And he

signed this.with me and my attendant witnesses, as stated

above. I certify.

Juan Prieto Marcos Ruiz

tRubric, rRubric,

Attendant witness,: Attendant witness,:,

Pedro Posos Joseph Felis Ruiz

cRubric, eRubric,

cA.D.S. in E.9 May 6, 17755, pp. 25v-26,

47

In the said royal presidio on the said day, month, and

year, I, the said deputy governor, having seen this sumaria

and the findings of the same against Andr6s Chirinosl should

order and do hereby order that it be annexed to the rsumaria,

which in May of one thousand, seven hundred fifty-five was

completed against him in twenty-one valid folios by Lieutenant

Colonel of Cavalry Don Jazinto de Barrios y Jd-u.regui, former

governor and captain general of this above-said province of

Texas, in order that in view of all the proceed'ings., the

present governor of the same, Don Angel de Marthos y Navarre-

te, may decide upon returning from his visita--which I under-

stand will be very soon--whatever he considers in the best

interest of the good administration of justice. For this

purpose the above-said Chirinos will remain as at present a

prisoner in the guardhouse. Thus did I decree, order and26v

sign this with //my above-said attendant witnesses, as stated

above. I certify.

Juan Prieto

.Rubric,

Attendant witness,: Attendant witness,:

Joseph Feliz Ruiz Pedro Posos

.Rubric, Rubric,

,D.S. in E., May 6, 1755, pp. 26-26v,

48

In the royal presidio of Nuestra Sefiora del Pilar de los

Adaes on.the twentieth day of the month of January of this year

of one thousand seven hundred sixty-three 9 I7 Don Angel de Mar-

tos y Navarrete, lieutenant colonel in the royal armies7 gov-

ernor, and captain general by order of His Majesty (may God

keep him) of this province of Tejas, New Philippines., its pre-

sidios, conversions, and frontiers,.have examined with all the

attention required and necessary these two sumarias, the first

,of which, was executed by my predecessor, Don Jazinto de Ba-

rrios y Jduregui, and the other by my deputy governor, Don

Juan Prieto. The findings of these sumarias, are that Ab.dres

Chirinos, the defendant, deserves severe exemplary punishment

for having failed to refrain from his improper conduct although

he had been justly admonished so many times in writing and by

word of mouth by me as well as by my predecessors to correct

the same and although I had forbidden him to'reside or appear

in the above-said presidio. This measure was enacted because

of the ineffectiveness of the other.,measures enacted; in order

to prevent his scandalous drunkenness and his public and ilicit

relations with Maria Padilla, which had caused her husband to

present before.me on several occasions his pertinent complaints.27

Notwithstanding all the foregoing I suspended the //pronounce-.

ment of the punishment, he deserved because he had i.mplored

for the benefit of the royal indulto issued by His Majesty on

the occasion of his elevation to the throne and published in

49

this presidio on the twenty-second day of the past month. I

consequently ordered the release of the aforesaid Chirinos on

condition, however, that if he should again be found guilty

of having committed any of the excesses recorded in these pro-

ceedings, or if he should violate my aforesaid order to him

to the effect that he shall not dare to enter this presidio

without licer_se from me, he shall.be liable to the penalty

that may be pronounced against him by reason of this volume

of proceedings, which shall be kept in this captaincy gener-

al for this purpose. When the said Chirinos was released by

virtue of my said decision, he appeared before me, and the

contents of the said decision were made known to him for his

information. In witness whereof, I signed this with my at-

tendant witnesses with whom I am acting in the absence of a

notary, and on this common paper because there is no other

,kind,. I certify.

Signed:nD. Angel de Martos y Navarrete

,Rubric,

Attendant ^witness,: Attendant witness,:co 0

Fran. Ant. Solis Josephe Zepeda

,Rubric, . .Rubric,

.D.S. in E., May 6, 17551 pp. 26v-2

50

0

In the said royal presidio on the twenty-ninth day of

the month of December of this year of one thousand seven hun-

dred sixty-five, after Andrds Chirinos had been brought under

arrest in grillos, from the place called el Lovanillo to this

presidio on the night of the twenty-fourth of the said month,

by my orders, because I had learned that he was coming here

although he had been forbidden to do, so, I, the said gov-27v

ernor, ordered //that in view of this offense and violation

of the respect due to royal justice, he should be taken to

the guardhouse of the said presidio, where he shall remain

until the proceedings t against, him shall have been examined

and a decision shall have been reached. In order that this

might be of record it was written as an official act, which

I.signed with my attendant witnesses. I certify.

Signed:n ,

D. Angel de Martos y Navarrete

=Rubric,

Attendant witness,: Attendant witness,:co 0

Fran. Ant. Solis Thomds Cant-dn

,Rubric, Rubric,

D.S.cin E., May 6, 1755, PP• 27-27v..

51

29//.Cross,

0

Philippines by order of the king our lord, may God keep hi

the following petition was presented:

In the royal presidio of Nuestra Sefiora del Pilar de los

Adais, on the second day of the month of July of this year of

one thousand seven hundred sixty-six9.before me, Don Angel de

Martos y Navarrete, lieutenant colonel in.the royal armies,

governor and captain general of this province of Tejas, New

SePior Governor and Captain General

I, Antonio Gil Ybarvo, a vecino of this royal

presidio of Nuestra Seflor,a, del Pilar de los Adais,

appear before Your Lordship in the best manner accord-

ing to law and in my own interest to state that by

virtue of my just and verbal petition, because it was

publicly known that my wife and I were living in a

constant state of vexation, anxiety' and discord on

account of Andrds Chirinos, who was then living in

this above-said presidio, it pleased Your Lordship

to,exile him telling him that if he returned without

your license he would be severely punished. The said

Chirinos did this very thing coming from the presidio

of la Baia del Espfritu Santo, at the time when Your

Lordship was holding your general visita there, to

this presidio, on the pretext that he was going to

settle at the presidio, of.San Agustin de Aumada.

52

0

He was arrested because of his arrogance and his :

customary excesses. He remained in this condition

until Your Lordship released him on your return from

your visita because he had availed himself of the

royal indulto that had been published in this pre-

sidio. For the second time you exiled him under

the condition stated above. Accordingly, he went

to the rest of the presidios, of this jurisdiction

spending some time in them, but finally, in viola-

tion of Your Lordship's estimable orders, he had

the audacity to return to this said presidio, where,

for this reason, he is now under arrest, And since29v

it is indispensably necessary that //he be perma-

nently located where he cannot indulge in, his

licentious excesses in order that by this means I

may be altogether freed from the above-said annoy-

ances and that I may live in due matrimonial tran-

quility, Your Lordship will please designate the

,location, that you may consider suitable for this

.purpose, or if my petition cannot be admitted

,please, grant me 'license to move with my family

from this presidio.. And, if possible, I ask and

beg Your Lordship to please grant my petition be-

cause it is just, and to admit this petition on the

present paper because there is no other rkind, in

53

this province. I swear that this is without malice

and whatever is necessary, etc.

0Antt. Gil Ybarvo

,Rubric,

A.D.S. in E., May 6, 1755, pp • 29-29v.

54

When I had seen the foregoing petition,, I admitted it

as presented on this common paper without detriment to the

Royal Treasury. In view thereof since it is necessary to

provide the remedy demanded by the excesses of Andrds Chiri-

nos, who because he violated my orders is under arrest in the

guardhouse of this above-said presidio, I therefore order

that it the foregoing petition, be annexed to.the proceed-

ings against him that are in this captaincy general. Thus

did I decree, order, and sign this with my attendant wit-

nesses. I certify.

Signed:nD. Angel de Martos y.Navarrete

eRubric,

Attendant witness,: Attendant witness,:co 0

Fran. Ant. Solis Juan Durdn

,Ru.bric, Rubric-,

.D.S. in E., May 6, 1755, p. 29v, .

55

In the royal presidio of Nuestra Sefiora del Pilar de los

Adaes, on the twelfth day of the month of July of this present

year of one thousand seven hundred sixty-six, having examined

these proceedings and in view of the findings thereof, I, Don.30

//Angel de Martos.y Navarrete, lieutenant colonel.in the royal

armies, governor and captain general by order. of the king our

lord (may God keep him) of this province of Texas, New Philip-

pines, its.presidios, conversions, and frontiers9 render the

verdict that Andrds Chirino's, the defendant, shall serve His

MaJesty at El Morro in the. city of. Havana for a period of four

years, on a subsistence, ration and without salary during the

time that I have sentenced him in His CMajesty's, royal name.

In view of the foregoing, in order that this my sentence may

be promptly and duly executed, I order that after the above-

said Chirinos shall have been informed of this sentence,, he,

under adequate guard, and with the requisite copy of the said

,sentence,, shall be taken to New Orleans in order that from

there he may proceed in the same manner to his destination

at the earliest opportunity. Upon his arrival the contents

of the said,sentence, shall be executed. Thus did I pronounce

csentence,, order, and sign this with my attendant witnesses,

that I am using in the absence of.a public notary or royal

cnotary, and on this common paper because there is.no other

ckind, in this province. I certify.,.

Signed:

56

n ,D. Angel de Martos y Navarrete

.Rubric,

Attendant witness,: Attendant witness,:co 0

Fran. Ant. Solis Juan Duran

rRubric, r.Rubric,

,D.S. in E., May 6, 1755, pP• 29v-30.

5 °7

In the said royal presidio on the said day, month, and

year, before me, the said governor, in the guardhouse of the

same, the foregoing sentence was made known to Andrds Chiri-

nos who was therein. He said that he heard it. In order

that this might be of record I ordered it written down as an30v

official actl which I signed with //my undersigned attendant

.witnesses as stated above. I certify.

Signed:n ,D. Angel de Martos y Navarrete

CRubric,

Attendant witness,: Attendant witness,:co 0

Fran. Ant. 5oiis

.Rubric,

Juan Durdn

,Rubric,

D.S.cin E., May 6, 1755, I?P. 30-30v,

58

In the royal presidio of Nuestra Seflora del Pilar de los

Adaes, on the twenty-sixth day of the month of July of this

year of one thousand seven hundred sixty-six, I, Don Angel de

Martos y Navarrete, lieutenant colonel in the royal armies,

governor and captain general of this province of Texas, New

Philippines, by order of the king our lord, may God keep him,

have been informed by the commandant of.the presidio of Nachi-

tos in his letter of the twenty-fourth of the aforesaid month,

--which letter, I ordered annexed to these proceedings for

whatever purpose it may be needed--that Andrds Chirinos, the

defendant, who had been sent in grillos to New Orleans, whence

he was to proceed to his destination, had escaped and had

taken refuge in the residence of Don Luis de San Deni rsic,

Upon receipt of the said letter, I ordered the lieutenant

pro tempore of this company, Don Joseph Gonzales, to go get

him. He Gonzdlez, set out immediately with two soldiers but

was unable to execute his orders because the.said Don Luis

replied that on the morning of the twenty-second of the afore-

said month, the said Chirinos had disappeared. Consequently

I should order and,I do order the.execution of the proceed-

ings, necessary not only for requesting the extradition, of

his person but also.for informing the vecinos and sold3.ers of

this above-said presidio that anyone who shall protect or31

shelter the above-said Chirinos in any //manner whatever or

any one who, knowing of his whereabouts, shall fail to denounce

59

him immediately upon seeing him shall for this infraction ir-

remissibly suffer not only the penalty deemed suitable but also

the penalty, of being forever exiled from this above-said prov-

ince. Thus did I decree, order, and sign this with the said

lieutenant and my attendant witnesses whom I am using in the

absence of a notary and on this common paper because there is

no other Ekind,. I certify.

Signed:n ,

D. Angel de Martos y,Navarrete Jos,e,ph Gos.,Gonzdlez,

cRubric, Rubric,

Attendant wi.tness,: Attendant witness,:co 0

Fran. Ant. Solis Juan Durdn

rRubric, Rubric,

O.S. in E., May 6, 1755, pp, 30v-31,

60

0

In the said royal presidio on the twenty-eighth day of.

the aforesaid month and year3 because the foregoing decree

was published, in the usual place, namely the guardhouse of

the.said presidio in the presence of the vecinos and the sol-

diers, I, the said governor, in order that this might be of

recor4.hadit1written down as an official act, which I

signed with the above-said witnesses as stated above. I cer-

tify.

Signed:n

D. Angel de Martos y Navarrete

,Rubric,

0

Attendant witness,: Attendant witness,:co 0

Fran. Ant. Solis Juan Durdn

Rubric, Rubric,

ED,S..in E., May 6, 1755, P. 31,

61

32//Natchitos, July 24, 1766

Monsieur Don Angel de Martos

Monsieur :IMonsieur Don Louis has informed me that the said Chiri-

nos has arrived.at his residence where he wishes to remain

and has asked.for lodgings. Monsieur Louis did not consider

it right to receive him without notifying me. In order that

you may execute your proceedings, I am sending you, Monsieur,

passports for three men in case you should wish to send two

men to escort ,h:im because, as I have informed you, I cannot

provide any from my garrison. He Chirinos, has assuredly

not broken his bonds and he will be returned to the villa,

Meanwhile I have taken every conceivable precaution to pre-

vent his escape. I have the honor of being, Monsieur, with

esteem and.regard

Your most humble and obedient servantq

Lapuill6

Rubric,

,A.L.S. in E., May 6, 1755, P. 32^

,Addressed, : Monsieur

Monsieur Don Angel Martos de Navarret,

lieutenant colonel, captain general, and

62

governor of the province of Texas at los

Adayes.

40

63

33//.Cross,

In the royal presidio of Nuestra SeYlora, del Pilar de

los Adaes' jurisdiction of Texas, on the twelfth day of the

month of May of this year of one thousand seven hundred sixty-

eight, before me, Don Hugo O'Conor, a knight of the Order of

Calatrava, sergeant Major of the independent governing body

of the order, in America, and governor pro tempore of this

aforesaid province of Texas^ the following petition was pre-

sented:

Sefior Governor Don Hugo 0'Conor:

I, Andrds Chirinos, a vecino of this royal pre-

sidio of Nuestra Seftora del Pilar de los Adaes, with

the greatest humility appear before Your Lordship in

the best manner according to law and in my own inter-

.est, without confusing the issue, or violating any

of the laws in my favor, to state:

That the original drafts of the causes executed

by Don Juan Prieto, deputy governor, and by Don An-

gel de Martos7 the governor who preceded Your Lord-

ship, are in the archive of this said presidio of

Vexar. In consequence of the odious and pernicious

charges against my person contained in these causes

and because of my arrest, I have suffered notable

injuries, damages, and losses. During my imprison-

64

0ment, witnesses were examined without the requisite

ratifications. In this manner, the said sefiores

judges decided to sentence me to perpetual exile in

El Morro at Havana without notifying me of the

charges imputed against me,without, allowing me to

examine the proceedings or permitting me to defend

myself in any way, but merely by resorting arbitrar-

ily to their authority. Irrevocably, the.said se-

fiores sent me to the aforesaid Morro. And fearing

lest I might make an appeal if we passed through

the dominions of our Catholic King, they deliber-33v

ately chose to send me by way of the presidio //of

Nachitos and the villa of Orleans through, terri-

tories belonging to the Most Christian King.

Realizing the wicked and impious intentions of

both judges and the depraved malice of Don Manuel

de Soto Vermudes, the plaintiff of the said causes,

I.cunningly and furtively managed to get away from

the guards who had been appointed for my custody

and transportation. I left them not because I rec-

ognized my guilt and was afraid but in order to

make the appeal that I am now making in due form.

In view of the foregoing, because of your be-

nignity and justice, I beg Your Lordship to please

order that a copy of the said proceedings be given

65

to me in order that I may use them to make represen-

tation before competent judges, of the information

that I shall provide in the interest of my rights.

In view of all the foregoing, I ask and beg Your

hordship to please order that my petition be granted

because it is just. I implore for justice, in or-

der that I may be benefited and receive mercy.

Moreoverg J ask, that this my petition.be ad-

mitted on the present common paper because there is

no stamped ^paper, in this jurisd.iction. I swear

in due form I am not prompted by malice, I protest,

costs and whatever is necessary, etc.

Andrds Chirinos

.Ru:bric,

A.D.S.cin E., May 6, 1755, pp. 33-33v.

66

When I had seen the foregoing petition,,I admitted it

as presented on this common paper without detriment to the

Royal Treasury. And since it is necessary to give the party34

a hearing in order to be able //to decide what is right ac-

cording to law, I should.order and I do order that a copy of.

the proceedings be given.to him on condition that he shall

return them without fail within the period of six days. Thus

did I decree,.order, and sign this, acting before myself with

my.attendant,.witnesses in the absence of a notary and on this

common paper because there is no other. kind,, I certify.

Signed:

Hugo 0'Conor

cRubric,

Attendant cwitness,: Attendant cwitness,:co

Fran.' Teodoro de Abila Carlos Ygnacio de Vraga.

,Rubric, . ,Rubric,

A.D.S.cin E., May 6, 1755, pp. 33v-34.

67

On the said day, month, and year, in view of what I have

ordered in the foregoing decree, I, the said governor, had

the proceedings for which Andrds Chirinos has petitioned de-

livered to him since he has given in this my court of justice

the necessary security for returning them within the period of

six days as has been provided. In order that this may be of

record I am writing it down as an official act, which I signed

with my attendant witnesses as stated above. I certify.

Interlined: days--Valid.

Signed:

Hugo 0' Conor

ERubric,

Attendant witness,: Attendant witness,:co ,

Fran. Teodoro de Abila Carlos Ygnacio de Vraga

.Rubric, Rubric,

,A.D,S. in E., May b, 1755, p. 34,.

68

35//.Cross,

In the royal presidio of Nuestra Senora del Pilar de los

Adaes, on the seventeenth day of the month of May of this year

of one thousand seven hundred sixty-eight, before me, Don Hugo

0'Conor,.a YAiight of the Order of Calatrava, Sergeant Major of

the independent governing body of America, governor pro tempore

of this province.of Texas, the following petition was presented:

Sefior Governor.Don Hugo 0'Conor;

I, Andrds Chirino, a vecino of this royal pre-

sidio of Nuestra Seftora del Pilar de los Adaes, ap-

pear before Your Lordship in the best manner accord-

ing to law and in my own interest to state that by

a decree of the twelfth of the present month, of

May of r17,681 because of your benignity and justice,

Your Lordship was pleased to order that a copy of

the proceedings inst'i.tuted against me by the Sefio-

res Governors, Don Xazinto de Barrios, Don Angu.el

^,sic, de Martos' and his deputy governor, Don Juan

Prieto, be given to me. Having read them and be-

come well informed of their pernicious contents

cso, detrimental to my person, I reply thereto by

saying that the cproceedings, executed by Sefior

Don Xazinto de Barrios should be declared invalid

because the said proceedings were held without my

69

having been informed--as I should have.been because

I was the defendant--of any substantial charges im-

puted against me.

The principal motive for instituting this suit

was a verbal complaint made before the said Sefior

Don Xazinto by Don Juan Morain who was attempting

to gainpossession of a skewbald cow belonging to

me. In order to prove his claim he presented as a35v

witness his //son-in-law, Juan de Torres, who in

turn, cited Joseph Antonio Pefia. By reason of their

depositions' the aforesaid sPior governor decided

to indict me for theft of, the said cow in order

to adjudicate it to the afore-said Amorain, Con-

sequently, I objected to the above-said superior

decision saying that I could not be indicted on

this charge without being permitted to present the

proof that I had offered in my defense by means of

the witnesses who were.and still, are PedroGrana-

dos and Antonio Villarreal. Irritated by this ob-

jection, the said sefior governor ordered my arrest

in the stocks and instituted against me the process

to which I am now replying. This Cprocess, was based

on a conglomeration of very venial circumstances,

which were made to appear execrable by the implora-

tions of the witnesses who were, partial not only

70

to the afore-said Don Xazinto but also to the said

Almorain. This was done, in order that by this

means and by His Honor's authority the force of the

law might be brought to bear against me: and I was

made to feel it. The principal motive for.the above-

said seflor governor's rancorous conduct against me

was the economical injury that I was causing him by

soliciting ^license, to obtain deer skins--the same

Edeer skins, which he obtained by various means for

the purpose of carrying on his transactions with

the French at Nachitos, The said sePior cgovernor,,

did not take into account that my only purpose in

solicitingthis business was to support my family,

and not to get rich. I could not have done this

even if I had wanted to because of my poverty and

limited capital--but the afore-said sefior governor

was doing so by means of his large capital, and36

.by employing a squad of soldiers that //was under

the command of Sergeant Domingo del Rio and that

lived periodically among the barbarous nations for

the purpose of obtaining the large quantities of

skins that he the governor, needed for his ambi-

tious enterprises. Realizing that he could use in

his own, business the skins, that I was obtainingi

he endeavored to prevent my going to the Indian na-

71

0

tions by means of the stratagem of making such triv-

ialities as the incident of the cow and the other

aforesaid trivialities,,contained in the proceed-

ings held by the said sefior governor, sufficient mo-

tive for arresting me, hoping, that by this penalty

and the penalty, of taking the cow from my posses-

.sion, I would take warning and become afraid.to ask

him for license to.obtain any more skins. This was

the purpose for which these proceedings were insti-

tuted, and I annul them for the aforesaid reasons.

I beg Your Lordship to enact the measures that you

may consider advisable in order.that when.you shall

ascertain that I am right you may order that the

cow that was taken from me unjustly be returned to

me with whatever progeny it may have had during the

time that it should have been in my possession.

With reference to the proceedings, held by

Don Juan Prieto, deputy governor, which began the

eleventh day of the month of June, one thousand sev-

en hundred sixty-two, Iwish to, say that the said.

proceedings were instituted because I tried to col-

lect at Nachitos one hundred pesos that Don Manuel

Bermudez owed me. When he said that he did not owe

any such amount, I replied that if he did not pay I36v

would appear //before the Most Excellent Sefior Vice-

roy to make the necessary charges.. Whereupon he

72

•said that he would have me bound with a pair of

grillos and placed in the head stocks; and I asked

him if he thought he could do this because he was

in command of this province. The above-said Bermd-

dez carried out this threat, which, to my sorrow,

was executed literally upon'my arrival at this pre-

sidio. The said Berm-ddez sent.by Manuel el Campe-

chano to_DonJuan.Prieto, the deputy governor^ a

mandatory letterl.which was duly obeyed and exe-

cuted by the aforesaid deputy governor on the foi-

lowing day when I went to his house looking for

Lieutenant Don Marcos Ruiz to have him sign the

list that I had made of the horses that I had in

the horse herd in order that, with his signature,

I might be permitted to take them out. The said

Seflor Don Juan Prieto came out. When he learned

what I was asking of Don Marcos Ruiz, he replied

that my petition could not be granted. Whereupon

I told him to remember that.3 was poor and that if

he.did.not let me..have the horses.he would do me a

bad turn. When I.made this reply, he called.the

corporal of the guard and ordered him to confine

me with a pair of grillos and with my head in the

stocks. Whereupon I told him that I was not sur-

prised at this because it was exactly what Don Ma.-

•nuel had threatened to do to me the day before at

Nachitos,

These, sefior, are the false or exaggerated

charges of the threats,boidness^haughtiness,pride,

and arrogance imputed against me and recorded37

//zCross, in the original process instituted20

againstme, Although these proceedings con-

tain the.record of this ^my, imprisonment, the only

cause or motive given for it is that S failed to

show due respect to him the governor,_and that my

reply to him was arrogant and haughty. This was

declared.to be true', under solemn oath, by the wit-

nesses, whose,depositions were so studied that they

do. not vary by one word. All cthe witnesses, said

that they heard what they.deposed from the balcony

of the.house where it took place although the said

house has no balcony and none of them was present

except Don Marcos Ruiti,

These same witnesses, also testified unani-,

mously that my general deportment was detrimental

to the community not only because of my arrogance

and pride but also because I was addicted to all

the vices--of which drunkedness was the most con-

stant and excessive--for which reason I was rude

to everybody making,no exception of persons or sta-

74

0

tion. They proved this by means of a great act of

rudeness that they said I committed on Corpus day

at the entrance of the church during the celebra-

tion of the holy sacrifice of the mass.

With reference to these points, I beg Your Lord-

ship to please summon the deponents and the attendant

witnesses to appear before you, to ask the deponents37v

individually who the atten//dant witnesses, were,

,to ask, likewise the attendant witnesses, indivi-

dually to declare who the:deponents were, and to

,require, the latter to rectify what they have de-

posed against me in the same manner in which they

previously made their depositions, because I am

ready to falsify everything they have said.

One of the attendant witnesses in all these pro-

ceedings is Pedro Pozos, whom I repudiate because he

is biased and a domestic. After these ^proceedings,

were completed a report of their contents was made

to Sefior Don Anguel de Martos, who was at San Anto-

nio on his visita and who sent word to.Berm-ddez and.,

to Don Juan, his deputy, that they had ruined him

by arresting me. And when the sefior governor ar-

rived at this presidio, he again made this same ^re-

mark, to them--as I am ready to prove when necessary.

I believe the above- said sefior governor must

75

0

have said this because whenever he was absent from

this presidio, I was the agent by whom he sent all

the superior documents frorn.His Excellency, opened

or sealed, to the said Berm-ddez in order that, as

his director, he should determine and execute what-

ever he deemed advisable. When he had informed

himself of these docurnents, the said Berm-ddez sent

his reply with his opinion to the said sefior gov-

ernor. And what the said Berm-ddez decided, was

what was done in this province. While I was per-

forming the duty of transporting these documents,

replies, orders, and opinions of the said Berm'ddez,

I had no other tasks in the interest of the royal

service. Similarly, for two years or nearly that

long, I earned my salary from the king by doing

nothing but making lard for him in the monte among

the pagaIndians.38

//When the proceedings instituted against me

were presented to the aforesaid governor, he approved

them as is.of record in his decree in which the said

sefior governor stated that the severe punishment I

deserved had not been imposed because of the arrival

at this presidio of the.indulto that it had pleased

His Majesty (may God keep him) to grant to his vas-

sals be-cause of his exaltation as ruler of, the

76

Hispanic dominions. The said se:ftor governor stated

that he set me free for this reason, but he also

said that he sentenced me to exile from this presi-

dio. This is not of record in his decree nor was I

ever informed of the said penalty verbally or in

writing, and I am ready to prove the nullity of

this assertion. I left this presidio of my own

free will and not because of any order whatever

from the said seP3or. I did this because I was in

such a wretched condition in conseq,uence of my.im-

prisonments and also for fear lest the said sefior

governor shouldtunsheath his sword against me with

the severity I had already experienced.. I went to

Horcoquiza, where some documents for the Most Ex-

cellent Sefior Viceroy were delivered to me. I

transported them as carefully, promptly, and legal-

ly as was necessary and I did not return'with the

reply to_them because I fell seriously ill with ta-

bardillo, After my convalescence I did return to

San Antonio, whence, upon learning that Your Lord-

ship was coming to this presidio, I came here,

also in order to make my complaint and to appear38v

judicially before Your Lordship to in//form you of

everything as I am doing hereby.

Having been informed that I was coming, the

77

said sePior governor ordered my arrest, which was ef-

fected at the place commonly called El Lobanillo. I

was disarmed and brought under arrest with a pair of

Rrillos to this presidio, where I have remained with

the said Erillos and in the stocks.for seven months.

While I was in this prison, Antonio Gil Ybar-

buen appeared--as is recorded in the petition that

he presented against me--before the said Sef9or pon.Angel saying that although I had twice been exiled

from this presidio by order of the said sefior govern-

or because of the public unrest, discords, and uneas-

iness that I caused with his wife) I had had the te-

merity of violating the superior orders of the said

sefior governor by coming within this presidio with-

out his license. And since it is entirely untrue

not only that I had been exiled twice as he alleged

but also that these exiles, were imposed because

of the said discords and uneasiness that I caused

between him and his wife, I ask the grandeur of Your.

Lordship, as effectively as I can and should ask, to

please order the said Hibarguen to give bond for the

calumnious charge he has made against me and to de-

pose what motives he had for prefering charges,

against me during this last imprisonment instead of

prior thereto because it was more natural for him

78

to have done so during the time that he says I was

causing him so much harm and uneasiness instead of

at the time, when it was impossible for me not

only to cause him any harm but also to speak with

anyone,

Moreover, I ask. that the said Ybarguen declare39

what motives //he had for not appearing be-30

fore Your Lordship while he knew that my

causes were still active in this archiveg and that

I was enjoying full freedom and could therefore

cause him injury. He should also tell who per-

suaded him to ask in his petition that I be as-

signed to:a definite place of exile or else that

he be granted license to leave this jurisdiction.

cI ask this, because it seems to me that he should

have made his petition at the time that he says I

was causing him injury rather than while he knew

that I was under arrest and unable to do any harm,.

This petition served as the basis for the sefior gov-

ernor to issue the decree in which is recorded the

definitive sentence, namely, that I should be sent

into exile for four years to Morro Castle. This

sentence ordering that I should be conducted under

arrest through a foreign kingdom, as is the case

with the ckingdom, of New Orleans, was executed

79

without the opinion of the royal, attorney. From

this ccircumstance, it may be inferred that his

,the governor's, action was malicious and not ac-

cording to law and that it was prompted by the_

fact that, he realized that if he followed the usu-

al course of sending me to the general ^prison, in

Mexico I could ffiake my.defense as I am doing now

and also that he feared that I might make known to

the Most Excellent Viceroy, many things that the

said senor governor was doing against God and the

king. And I promise to prove this.

Not only did he make me suffer severely and un-

justly in consequence of his rancor and hatred but

he also took action against my son and deprived him39v

of his uni//form in the most disgraceful manner pos-

sible while the troops were in formation. The mo-

tives that the said seflor governor had for doing

this, were unfounded as I shall prove at the proper

time.

After I was turned over to the senor commandant

of Nachitos, he asked me whether I had committed mur-

der, robbery, or treason against my king (may God

keep him). I-Then I told him I had not, he gave orders

for me to go out walking with the soldiers of his

garrison saying that the said sefior governor did not

80

have the authority to send criminals through foreign

dominions and that he the said commandant, had taken

charge of me in order to relieve me from my imprison-

ment, such was my experience during the three days I

remained there. He also said that the action of the

said seftor governor of sending me through the domin-

ions of, the aforesaid France implied malice. Three

days later an order was received from the said sefior

governor to the effect that I should be taken under

arrest.to the boat of Monsieur Monsen, which was to

take me down to New Orleans and, from which I es-

caped.. Because I believed I would not be safe from

his snares anywhere else, I took refuge in.the monte.

For four months I lived:among the,barbarians.-under-

going the difficulties of the wilderness. When the

news of Your:Lordship's integrity and ju.stice spread,

I:.felt,encouraged:to return being as secretive as,

possible until I found'the opportunity of appearing

legally in my defense, as I do hereby appear before

Your Lordship, in due form according to law. Where-40

fore, in view of all the foregoing, //I ask Your

Lordship with the greatest humility to please grant

rny petition that you proceed with the verification

not only of the proceedings held against me by Seftor

Governor Don Xazinto de Barrios but also those held

81.

0,by Don Juan Prietol which were approved by Sefior Gov-

ernor Don .Anxe1 de Martos y Navarrete, who also pro-

nounced sentence. J make this petition, in order

that when my true defense shall have been approved

and the many calumnies imputed against me shall have

been condemned, I may be able to ask indemnity for

all the damages that I have suffered in consequence

not only of my imprisonment for one year andfour

months but also of my absences due to his rancorous

conduct toward me.

I also beg Your Lordship to please order that

a certified copy of all the proceedings that have

been held or that may be held for the verification

of these proceedings, whether adverse or favorable

to me, be given to me in order.that, with your li-

cense, I may appear with the said certified copy be-

fore the Most Excellent Sefior Viceroy to the end

that, with his customary justice, the grandeur of

His Excellency may.pronounce whatever sentence he

believes I deserve. J also ask you, to please or-

der, if you believe this to be just, that I be paid

all the damages and arrears that I am demanding from.

the said seftores.

Moreover, I ask that the aforesaid Seflor Don

Anxel.de Martos shall pay me the sum of one hundred

82

pesos that Don Manuel Soto Bermtdez owed me and4Ov

//that the said SePior, pDon Angel took over, for al-

though he gave me a draft for the entire amount I

did.not collect it, as I do hereby allege, because

he gave me the draft on Mexico and at the same time

he sent me as a prisoner in exile to Morro Castle,

from which circumstance, his wicked intention may

.be inferred. Moreover, I demand of the above-said

sefior six of my horses that he appropriated at Hor-

coquiza. These are all that remain of the thirteen

,horses, that were attached at the said presidio by

order of his deputy, Sei'ior Don Juan Prieto. I have

not been paid for any of them. demand, also

that he return to me the arms that were taken from

me the last time I was arrested and that Corporal

Joseph Hidalgo delivered to the said sefior governor,

namely one escopette with its case and a sword.

In view of the foregoing, I beg Your Lordship

to please order that my petition be granted for I

shall thereby receive the justice and mercy for

which I am asking; also that you admit this my re-

ply on the present comm.on, paper because there is

no stamped paper in this province., I swear in due

form, Cprotest,.costs, etc.

At the request of Andr6s Chirino:

83

0Alexandro Repisso

,Rubric,

A.D.S.,in E. , May 6, 1755, pp•35-40v,

84

41And when I%/,eross, had seen the foregoing petition,,

I admitted it as presented on this common paper without de-

triment to the Royal Treasury. And in view of the fact that

this party came of his own free will to appear before this

jurisdiction asking for a hearing according to law and for

a certified copy not only of the proceedings executed against

him but also of the other proceedings that may be executed on

this subject in order that he rnay appear with`the said docu-

ments beforethe superior court, of the Most Excellent Sefior

Viceroy and that His Excellency may impose upon him the pen-

alty that he may consider advisable' and in view of the fact

that the witnesses examined by Don Juan Prieto and Don Angel

de Martos did not ratify their depositions and that this par-

ty has asked that thisbe done by me, I should order and I do

order that the above-said witnesses examined by the said

judges Don Juan Prieto and Don Angel de Martos appear before41v

me for the purpose of ratifying their depositions. //However

this said proceeding shall be omitted.for the witnesses ex-

amined by Don Xasinto de Varrios because the subject of the

aforesaid proceedings executed.by the aforesaid Don Xasinto

is of no importance and because most of the witnesses examined

by the said Don Xasinto are dead or absent. And this peti-

tion and the decree thereon shall be annexed to the proceed-

ings on the subject. Thus did I decree, order, and sign this

acting before myself with attendant witnesses in the absence

85

of a notary and on this common paper because there is no other

ckind,. I certify.

Signed:

Hugo O'Conor

cRubric,

Attendant cwitness,: Attendant cwitness,:

Carlos Ygnacio de Vraga Antonio Gallardo

.,.Rubric, cRubric,

D.S.,in E. , May 6, 17559 PP. 4Ov-41v,

86

On the said day, month, and year, I, the said governor,

in view of the order I gave in the foregoing decree, summoned

before me Juan de Mora, whom I certify that I know, a vecino42

.of this //said presidio and the first witness examined in,

these proceedings by Don Juan Prieto. Before myself and my

attendant witnesses, I administered to him the oath, which he

took in the name of our Lord God and a sign of his holy cross,

according to law, under penalty of which he promised to tell

the truth in so far as. he knew and might be questioned. When

I had read to,him the depositio:n,recorded in these proceed-

ings on folios twenty-three verso, that he had made before

Don Juan Prieto, he said that he had never given any deposi-

tion before the aforesaid Don Juan Prieto and that everything

recorded in the said deposition was false because he did not

know firsthand or by hearsay anything whatever about the con-

tents of the same, and that for.this reason he declared as

null everything contained in the aforesaid deposition. And

he said, that everything he had saidand deposed as to what

he knew firsthand and by hearsay, was the truth, under Cpen-

alty of, the oath he had made., which he affirmed and ratified.

When.this his deposition had been read to him verbo ad verbum

in a clear and intelligible voice, he again affirmed and ra-

tifed the same,. saying that he had nothing to add thereto42v .

//or to retract therefrom,, and that everything contained

therein was exactly what he had said and deposed under the

87

oath he had made, which he affirmed and ratified one, two,

and three times and as many times, as the law permitted.

He said he was fifty-four years old, more or less. And he

signed this with me, the said governor and my above-said

attendant witnesses, as st4ted above. I certify.

Signed:

Hugo O'Conor Juan de Mora

,Rubric, .,Rubric,

Attendant witness,: Attendant cwitness,:

Carlos Ygnacio.de Vraga Antonio Gallardo

Rubric, rRubric,

.S. in.E., May 6, 1755, pp..4lv-42v,-

88

Immediately thereafter in order to continue these pro-

ceedings I was holding, I, the said governor, summoned before

me Juan de Thorres, whom I certify I know, a corporal of this

company of los Adaes. Before myself and my attendant wit-

nesses, I administered to him the oath, which he took in the

name of our-Lord God and a sign of his holy cross, according

to law, under penalty of which he promised to tell the truth3

in so far as he knew and might be //aluestioned, When the de-

position, recorded in these proceedings on folios twenty-three

verso to twenty-four, that he had made before Don Juan Prieto

had beer_.read to him verbo ad berbum in a clear and intelli-

gible voice, and he had heard it'and understood itg he said

that he had never given any deposition in the.presence of Don

Juan Prieto and that everything.stated in the said.deposition

was false because it had been drawn up without the presence

of the deponent, and that he declared,all of it null one, two,

and three times and as,manytimes, as he was permitted by

law. And he said, that everything he had said and deposed

relative to what he kne-w firsthand and from hearsay was the

truth under the oath he:had made, which.he affirmed and rati-

fied. When this his deposition had been read to him verbo ad

berbum in a clear and intelligible voice7 he again affirmed

and ratified it saying that he had nothing to add thereto or

to retract therefrom,, and that everything contained therein

was exactly what he had said and deposed under the oath he had

89

made, which he affirmed and ratified one, two, and three times,

and as many times, as he was permitted by law. He said he was

sixty years old, more or less. And because he did not know how

to write, he made the sign of a cross. And I, the said govern-

or, signed this with my attendant witnesses, as stated above.

I certify.

Signed:

Hugo O'Conor

.Rubric,

cCross,

Attendant.c,witness,:

Carlos Ygnacio de Vraga

,Rubric,

Attendant ewitness,:

Antonio Gallardo

ERubrie,

D.S. in E., May 6, 1755^ pp. 42v-43,

9043v

On the afore//said day, month, and year, I, the said gov-

ernor, summoned before me Ygnacio Sepeda, whom I certify I

know, a master blacksmith and a vecino of this above-said

presidio of los Adaes. Before myself and my attendant wit-

nesses,. I administered to him the oath, which he took in the

name of our hord.God and a sign of his holy cross, according

.to law, under penalty of which he promised to tell the truth

in so far as he knew and might be questioned. When the depo-.

sition,recorded in these proceedings on folios twenty-four

verso to twenty-five verso, that he had made before Don Juan

Prieto,had been read to him verbo ad verbum in a clear and

intelligible voice and he had heard it and understood it* he

said that he had not made such a deposition neither was the

signature appearing at the end of it his, and that for this

reason he declared as null and void everything contained in

the said deposition. And he said, that everything he had

said and deposed relative to what he knew firsthand and from

hearsay was the truth under the.oath he had made, which he

affirmed and ratified. When this his deposition had been

read to him verbo ad4ve rbumin a clear and intelligible voice,

he again.affirmed //arid ratified it, saying that he had noth-

ing to add thereto or to retract rtherefrom,, and that every-.

thing contained therein was exactly what he had said and de-

posed under.the oath he had made, which he affirmed and rati-

fi.ed one, two, and three times and as many times, as he was

91

0

permitted by law. He said he was fifty years old, more or

less. And he signed this with mef the said governor, and my

attendant witnesses, as stated above. I certify.

Interlined: relative to what--Valid.

Signed:

Hugo 0'Conor Ygnasio de Z,e,peda

.Rubric, Rubric,

Attendant.,witness,s Attendant witness,:-co

Fran. Teodoro de Abila Carlos Ygnacio de Vraga

,Rubric, Rubric,

.D . S . in E., May 6, 1755 , pp • 43 - 44,

92

On the said day, month, and year, I, the said governor,

summoned before me Juachin Cadena, whom I certify I know, a

soldier of the company of cavalry of the garrison of the afore-

said presidio of Nuestra SePiora del Pilar de los Adaes. In

the presence of my attendant witnesses, I administered to him

the oath, which he took in'the name of our Lord God and a.

sign.of his holy cross, according to law, under penalty of

which he promised to tell the truth in so far ashe knew and4}+v

might be questioned. //And when the deposition' recorded in

these proceedings on folio.twenty-four verso, that he had

made before Don Juan Prieto, had been read to him verbo ad

ver"bum in a clear and intelligible voice and he had heard and

understood the same, he said that he had not made such a de-

position and that the aforesaid Don Juan Prieto had never

taken the deponent's oath on any subject whatever, for this

reason the deponent declared as null and void everything con-

tained in the above-said deposition. And he said, that ev-

erything he had said and deposed was the truth under the oath

he had made, which he affirmed and ratified. When this his

deposition had been read to him verbo ad verbum in a clear.

and intelligible voice, he.again.affirmed and ratified it,

saying that he had nothing to add thereto or to retract

.therefrom,, and that everything contained therein was exactly

what he had said and deposed under the oath he had made, which

he affirmed and ratified one, two, and three times, and as

93

!many times, as he was permitted by law. He said he was

thirty-four years oldl more or less. And because he did not

know how to write, he made the sign of the cross. And I,

the said governor, signed this with my attendant witnesses,

as stated above. I certify.

Signed:

Hugo 0'Conor

rRubric,

Sign of the cross: r-Cross,

Attendant =witness,: Attendant witness,:

Antonio Gallardo Carlos.Ygnacio de Vraga

,Rubric, Rubric,

D.S. in E. , May 6:, 1755, PP• 44-1+1+v,

94

^-53m//mediately thereafter, I, the said governor, summoned

before me Don Marcos Ruiz, whom I certify I know, lieutenant

of this aforesaid presidio of los Adaes. Before myself and

my attendant witnesses, I administered to him theoath, which

he took in the name of our Lord God and a sign of his holy

cross, according to law, under penalty of which he promised

to tell the truth in so far as he knew and might be questioned.

When the deposition he had made before Don Juan Prieto, re-

corded in these proceedings on pages twenty-five verso to

twenty-six, had been read to him verbo ad verbum in a clear

and intelligible voice and he had heard and understood the

same, he said that the aforesaid Don Juan Prieto had never

called him to make oath and had ^never, taken his deposition

on any subject whatever, and that although it was true that

the signature at the end of the said deposition was his rsig-

nature, it was also true, that they must have made him sign

as they had many other times for their on particular pur-

poses and interests,. And the deponent declared that every-

thing stated in the aforesaid.depositiori given pressumably

before Don Juan Prieto was null. He said, that everything

he had said and.deposed was the truth under the oath he had

made, which he affirmed and ratified. And when this his de-45v

positiori had been read to him verbo //ad verbum in a clear

and intelligible voice, he again affirmed and ratified the

same saying that he had nothing to add thereto or to retract

95

.therefrom,, and that everything contained therein was exactly-

what he had said and deposed urnder the oath he had made, which

he affirmed and ratified one, two, and three times and as many

.times, as he was permitted by law. He said he was sixty-

eight years old, more or less. And he signed this with me

and my aforesaid attendant witnesses as stated above. I cer-

tify.

Signed:

Hugo O'Conor

. Rubric,

Marcos Ruis

,Rubric,

Attendant witness,: Attendant ^witness,:

Carlos Ygnacio de Vraga Asitonio Gallardo

,Rubric, Rubric,

O.S.. in E., May 6, 1755, pP• 44v-45v.

96

0On the said day, month,. and year, I, the said governor,.

summoned before me Pedro Posos, whom I certify I know, a ve-

cino of this royal presidio of los Adaes. Before myself and

my attendant witnesses, I administered to him the oath, which

he took in the name of our Lord God and a sign of his holy,

cross, according to law, under penalty of which he promised

to4^ell the truth in so far as he knew and might be questioned.

//When asked if he had been present as an attendant witness

when Don Juan Prieto examined several witnesses about what

had happened with Andrds Chirinos, he replied and said that

he was not present when the said Don Juan Prieto examined the

witnesses nor had he known until now that the said Don Juan

Prieto had brought a case against the said Andrds Chirinos.

And the.deponent claimed not to have made any signature as-

an attendant witness, and said, that the signatures, that

he now sees at the foot of several depositions are not his.

rHe said, that everything he had.said and deposed was the

truth under the oath he had madel which he affirmed and rati-

fied.. And when this his deposition had been read to him'verbo

ad verbun in a clear and intelligible voice, he again affirmed

and ratified the same saying that he.had nothing to add there-

to or to retract therefrom,, and that everything contained

therein was exactly what he had said and deposed under the

oath he had made,which he affirmed and ratified one, two,

and three times and as many times,.as he was permitted by

97

law., He said he was thirty years-old, more or less. And he

signed this with me the said governor and with my attendant

witnesses as stated above. I certify.

Signed:

Augo O'Conor

,Rubric a

Pedro Posos

rRubric

Attendant witness,:

Antonio Gallardo

,Rubric,

Attendant twitness,:

Carlos Ygnacio de Vraga

,Rubric,

rD.S. in E., May 6, 1755, Pp. 45v-46.

98

1+6On the above-said day, month, and year, //because Joseph

Felis Ruiz, one of the witnesses appearing in the proceedings

held by Don Juan Prieto, is now, absent from this presidio,

I, the said governor7therefore ^state that, I have been un-

able to take the deposition of the aforesaid Feliz Ruiz on

the subject in question. And in order that this might be of

record' I recorded it as an official act, which I signed with

my attendant witnesses. I certify.

Signed:

Hugo O'Conor

,Rubric,

Attendant witness,: Attendant witness,:

Carlos Ygnacio de Vraga Antonio Gallardo

Rubric, Rubric,

D.S. in E., May 6' 1755, pp• 46-46,v,

99

In the said royal presidio, on the said day, month, and

year, I, the said governor, having concluded these proceed-

ings in the manner recorded herein, should order and do here-

by order that a certified copy of the same be given to the

party defendant, in order that he may appear with it before

the Most Excellent Sefior Viceroy in order that it may please

His Excellency to decide whatever he deems advisable, for, as

usuall that will be the best decision. Thus did I decree, or-

der, and.sign this, acting before myself with attendant wit-47

nes.ses in the absence of a notary and on this //com.mon paper

because there is no other ,kind,. I certify.

Signed:

Hugo O'Conor

Rubric,

Attendant witness,: Attendant rwitness,:

Antonio Gallardo Carlos Ygnacio de Vraga

Rubric, rRubric,

^D.S. in E., May 6, 1755, pp. 46v-47,.

100

On the said day7 month, and year9 I, the said governor,

in view of the order I gave in the foregoing decree, had,

the certified copy mentioned therein delivered to Andrds Chi-

rinos. In order that this might be of record I recorded it

as an official act, which I signed as stated above. I certi-

fy.

Signed:

Hugo O'Conor

,Rubric,

Attendant witness,: Attendant witness,:

Antonio Gallardo Carlos Ygnacio de Vraga

.Rubric, tRubric,

D.S. in E., May 6, 17551 p. 47,